Vermont
Vermont Divorce Laws (2026): Grounds, Residency, and Process
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 3 primary sources cited on this page. How we verify our legal content
To get a no-fault divorce in Vermont, spouses must live separate and apart for 6 consecutive months with no reasonable probability of resuming the marriage. You need at least 6 months of Vermont residency to file the petition, but a party must have been a Vermont resident for 1 full year before the final hearing can take place. Vermont also retains fault-based grounds.
Grounds for divorce in Vermont
Vermont offers both no-fault and fault-based divorce. The no-fault ground, found at 15 V.S.A. 551(7), requires that spouses have lived separate and apart for 6 consecutive months with no reasonable probability of resuming the marital relationship. Vermont courts have interpreted "living separate and apart" flexibly; in some cases spouses occupying separate rooms under the same roof may satisfy this requirement, depending on the circumstances.
Fault grounds remain available under 15 V.S.A. 551 if a spouse prefers to allege misconduct. Those grounds include adultery, imprisonment for 3 or more years, intolerable severity (similar to cruelty in other states), desertion or unexplained absence for 7 years, willful neglect or refusal to provide suitable support, and permanent incapacity due to a mental condition or psychiatric disability. That last ground is far narrower than it sounds. Under 15 V.S.A. 631, the incapacitated spouse must have been duly and regularly confined in a psychiatric hospital for at least 5 years before the action is commenced, the court must find the incapacity permanent, and the spouse bringing the action must have been an actual resident of Vermont for 2 years.
Choosing a fault ground can affect alimony arguments, but fault does not automatically entitle a party to a larger share of property. Most Vermont divorces proceed on the no-fault separation ground because it avoids the burden of proving misconduct.
Residency requirement
Vermont has a two-stage residency rule, set out in 15 V.S.A. 592, that surprises many people. To file a divorce petition, at least one spouse must have been a Vermont resident for 6 months or more at the time of filing. However, a final hearing cannot occur unless at least one party has been a Vermont resident for 1 full year before that hearing date.
Divorce cases are filed and heard in the Family Division of the Vermont Superior Court. Vermont has 14 counties, and the petition is generally filed in the county where either spouse lives.
This two-stage rule means that a couple who has met the 6-month filing threshold but not the 1-year hearing threshold may need to wait before the court can grant the final divorce decree.
Waiting period and separation
These two concepts are different, and Vermont handles them differently from most states. Vermont has no cooling-off or waiting period that starts at filing. It does, however, impose a waiting period at the other end of the case, after the judge rules. See the decree nisi rule below. Instead, the no-fault ground itself requires completing 6 months of continuous separation before the petition can be grounded in that basis.
The 6-month separation period is a precondition to using the no-fault ground under 15 V.S.A. 551(7), not a waiting period that runs after you file. In other words, you should generally complete the 6-month separation before or at the time you file on no-fault grounds.
Once the petition is filed and the hearing residency requirement is met (1 year in state), the court can schedule the final hearing. If there are contested issues, the overall timeline extends further. Uncontested divorces where the parties have a written agreement can move faster once the residency clock is satisfied.
Vermont does impose a waiting period after the court rules. Under 15 V.S.A. 554(a), a decree of divorce in the first instance is a decree nisi and becomes absolute only at the expiration of 90 days from the date it is entered, although the court that grants the divorce may in its discretion fix an earlier date. Until the decree becomes absolute, the parties are still married and neither one can remarry. If a party dies during the nisi period, the decree is treated as absolute immediately before the death.
The practical minimum timeline for most Vermont divorces is therefore close to 1 year, driven by the 1-year hearing-residency requirement for the party who finalizes, and the divorce is not final until the 90-day nisi period runs after the decree is entered.
How property is divided
Vermont is an equitable distribution state. When spouses cannot agree on a property settlement, the Family Division judge divides marital property in a way that is fair and equitable, which is not the same as an automatic 50/50 split.
The court distinguishes marital property (assets and debts acquired during the marriage, regardless of which spouse holds title) from separate property (property owned before the marriage, or received by gift or inheritance during the marriage). Separate property generally remains with the original owner, though Vermont courts can consider all property when making equitable-distribution awards.
Vermont judges weigh a list of statutory factors, including the length of the marriage, each spouse's age, health, and earning capacity, contributions to marital property (including homemaking), and the economic circumstances of each party at the time of the division. Unlike a community-property state such as California or Nevada, there is no presumptive 50/50 starting point.
Debts are also subject to division. The court can allocate joint and individual debts between the spouses as part of the overall equitable settlement.
Alimony, custody, and child support
Alimony (called spousal maintenance in Vermont) is decided as part of the divorce proceeding. Vermont courts consider factors such as the length of the marriage, the standard of living during the marriage, each spouse's income and earning capacity, and the age and health of both parties. Awards can be temporary (during the divorce process), rehabilitative (to help a spouse retrain or re-enter the workforce), or long-term.
Child custody and parent-child contact orders are determined based on the best interests of the child. Vermont encourages shared parental rights where feasible, and courts consider factors such as each parent's ability to meet the child's needs, the child's adjustment to home and community, and the quality of the relationship each parent has with the child.
Child support follows Vermont's statutory guidelines, which use both parents' incomes to calculate an obligation. The paying parent's share is based on proportional income. Courts can deviate from the guidelines in cases of extreme hardship or special needs. Estimate your payment with our Vermont child support calculator.
For detailed information on each topic, see Vermont alimony laws, Vermont child custody laws, and Vermont child support laws.
How to file for divorce in Vermont
Filing for divorce in Vermont involves these steps:
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Confirm residency. Verify that you or your spouse have been a Vermont resident for at least 6 months. Remember that you will also need 1 year of residency by the time of the final hearing.
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Satisfy the separation requirement. If using the no-fault ground, confirm that you and your spouse have lived separate and apart for at least 6 consecutive months.
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Prepare and file the petition. File a Complaint for Divorce in the Family Division of the Superior Court in your county. Vermont's court system provides self-help forms through the Vermont Judiciary website.
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Pay the filing fee. Filing fees vary by county and case type; contact your local Family Division clerk for the current fee.
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Serve your spouse. The other party must be formally served with the complaint and summons. Service can be accomplished by a sheriff, a constable, or by acceptance of service.
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Exchange financial disclosures. Vermont requires both parties to provide financial affidavits disclosing income, assets, and debts. These documents inform the court's property and alimony decisions.
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Negotiate or litigate. If the parties reach agreement on all issues (property, alimony, custody, support), they can file a stipulated decree. If issues remain contested, the matter proceeds to a hearing before the judge.
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Obtain the decree. Once the residency, separation, and procedural requirements are all satisfied, the judge enters a divorce decree that orders all related relief. Under 15 V.S.A. 554(a), that first decree is a decree nisi. It does not dissolve the marriage on the day it is entered: it becomes absolute 90 days later, unless the court fixes an earlier date, and neither spouse is free to remarry until then.
The Judiciary Self-Help Center has forms for unrepresented parties, but if property, children, or alimony are contested, get a free case evaluation from a Vermont family lawyer on handling the hearing (attorney advertising).
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Vermont.
Related reading: Divorce Laws by State (hub) | Vermont Alimony Laws | Vermont Child Custody Laws
More Vermont Laws
- Vermont Alimony Laws
- Vermont Child Custody Laws
- Vermont Child Support Laws
- Vermont Common Law Marriage Laws
- Vermont Restraining Order Laws
- Vermont Unclaimed Property
Frequently Asked Questions
How long does it take to get a divorce in Vermont?
The minimum is driven by Vermont's 1-year hearing-residency rule: a party must be a Vermont resident for 1 full year before the final hearing can take place. Add the 6-month separation requirement, and most Vermont divorces take at least a year from separation. The clock does not stop at the final hearing: under 15 V.S.A. 554(a) the decree the judge enters is a decree nisi that becomes absolute 90 days later unless the court fixes an earlier date, so you are not divorced and cannot remarry until then. Contested cases involving disputed property or custody typically take longer.
How much does a divorce cost in Vermont?
Filing fees are set by each county's Superior Court Family Division and can change, so contact your local clerk for the current amount. Attorney fees vary widely depending on whether the divorce is uncontested or contested. An uncontested divorce where both parties agree on all terms is significantly less expensive than a litigated case.
Do I need a reason to get divorced in Vermont?
No. Vermont's no-fault ground requires only that spouses have lived separate and apart for 6 consecutive months with no reasonable probability of resuming the marriage. You do not need to prove wrongdoing by your spouse.
Is Vermont a community property state?
No. Vermont is an equitable distribution state. Courts divide marital property fairly based on statutory factors rather than splitting everything 50/50. Only 9 states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) use community property.
How long do I have to be separated before I can divorce in Vermont?
Vermont requires 6 consecutive months of living separate and apart before you can use the no-fault ground. Vermont also requires that a party be a Vermont resident for 1 year before the final hearing, so the effective minimum timeline for most couples is around 1 year, plus the 90-day nisi period that runs after the decree is entered.
Can I get divorced in Vermont without my spouse agreeing?
Yes. Vermont's no-fault ground does not require the other spouse's consent. If you have lived separate and apart for 6 months with no reasonable probability of resuming the marriage, you can proceed even if your spouse objects to the divorce. Your spouse can contest property division, alimony, and custody, but cannot block the divorce itself.
Do I have to live in Vermont to file for divorce there?
One of the spouses must be a Vermont resident for at least 6 months to file, and a party must be a Vermont resident for at least 1 full year before the final hearing. If neither spouse currently lives in Vermont, you generally cannot file there.
Updates
Corrected the timeline: a Vermont divorce decree is a decree nisi that does not become absolute, and does not free either spouse to remarry, until 90 days after it is entered, and restated the permanent-incapacity ground with the actual statutory conditions.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Vermont Statutes Annotated, Title 15: Domestic Relations, Chapter 11: Annulment and Divorce, Subchapter: DIVORCE
§ 551Grounds for divorce from bond of matrimonyIn forcecited in 2 of our articles
A divorce from the bond of matrimony may be decreed: (1) for adultery in either party; (2) when either party is sentenced to confinement at hard labor in the State prison in this State for life, or for three years or more, and is actually confined at the time of the bringing of the libel; or when either party being without the State, receives a sentence for an equally long term of imprisonment by a competent court having jurisdiction as the result of a trial in any one of the other states of the United States, or in a federal court, or in any one of the territories, possessions, or other courts subject to the jurisdiction of the United States, or in a foreign country granting a trial by jury, and is actually confined at the time of the bringing of the libel; (3) for intolerable severity in either party; (4) for willful desertion or when either party has been absent for seven years and not heard of during that time; (5) on complaint of either party when one spouse has sufficient pecuniary or physical ability to provide suitable maintenance for the other and, without cause, persistently refuses or neglects so to do; (6) on the ground of permanent incapacity due to a mental…
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 34 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Nickerson v. Nickerson (Supreme Court of Vermont 1992, 158 Vt. 85)“…use a former primary-care-provider to lose that status. See 15 V.S.A. § 551(7) (a divorce may be decreed “[w]hen a…”
- Emmons v. Emmons (Supreme Court of Vermont 1982, 141 Vt. 508)“…esumption of marital relations was not reasonably probable. 15 V.S.A. § 551(7). The trial court made findings of fa…”
- Mandigo v. Mandigo (Supreme Court of Vermont 1970, 128 Vt. 446)“…ch the libelant must affirmatively prove under the statute, 15 V. S.A. § 551(7), as it existed at the time of the se…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Legal Separation in Vermont: Grounds, Forms and What It Does (2026)
§ 554Decrees nisiIn force
(a) A decree of divorce from the bonds of matrimony in the first instance shall be a decree nisi and shall become absolute at the expiration of 90 days from the entry thereof but, in its discretion, the court that grants the divorce may fix an earlier date upon which the decree shall become absolute. If one of the parties dies prior to the expiration of the nisi period, the decree shall be deemed absolute immediately prior to death. (b) Either party may file any post-trial motions under the Vermont Rules of Civil Procedure. The time within which any such motion shall be filed shall run from the date of entry of the decree of divorce and not from the date the nisi period expires. The court shall retain jurisdiction to hear and decide the motion after expiration of the nisi period. A decree of divorce shall constitute a civil judgment under the Vermont Rules of Civil Procedure.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Estate of Ladd v. Estate of Ladd (Supreme Court of Vermont 1994, 161 Vt. 270)“…Legislature amended the statute governing the nisi decree. 15 V.S.A. § 554(b) (effective June 4, 1990). In my view…”
- Gazo v. Gazo (Supreme Court of Vermont 1997, 166 Vt. 434)“…discretion to allow additional evidence for good cause. See 15 V.S.A. § 554(b). Where, as here, there was no reason…”
- Richwagen v. Richwagen (Supreme Court of Vermont 1989, 153 Vt. 1)“…i period had divested the trial court of jurisdiction under 15 V.S.A. § 554(b). Richwagen I, 149…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Vermont Statutes Annotated, Title 15: Domestic Relations, Chapter 11: Annulment and Divorce, Subchapter: PROCEEDINGS GENERALLY
§ 592ResidenceIn forcecited in 3 of our articles
(a) A complaint for divorce or annulment of civil marriage may be brought if either party to the marriage has resided within the State for a period of six months or more, but a divorce shall not be decreed for any cause, unless the plaintiff or the defendant has resided in the State one year next preceding the date of final hearing. Temporary absence from the State because of illness, employment without the State, service as a member of the U.S. Armed Forces, or other legitimate and bona fide cause shall not affect the six months’ period or the one-year period specified in the preceding sentence, provided the person has otherwise retained residence in this State. (b) Notwithstanding provisions to the contrary, a complaint for divorce may be filed in the Family Division of Superior Court in the county in which the marriage certificate was filed by parties who are not residents of Vermont provided all of the following criteria are met: (1) The marriage was established in Vermont. (2) Neither party’s state of legal residence recognizes the couple’s Vermont marriage for purposes of divorce. (3) There are no minor children who were born or adopted during the marriage.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Duval v. Duval (Supreme Court of Vermont 1988, 149 Vt. 506)“…d that plaintiff did not meet the residency requirements of 15 V.S.A. § 592; reiterating the UCCJA jurisdictional i…”
- Conley v. Crisafulli (Supreme Court of Vermont 2010, 188 Vt. 11)“…rson has otherwise retained residence in this state. 15 V.S.A. § 592. However, “[residency, for purposes of…”
- Lafko v. Lafko (Supreme Court of Vermont 1969, 127 Vt. 609)“…ibel. The requirements of residence are set forth in 15 V.S.A. §592: A libel for divorce or annulmen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont Annulment Laws: Grounds, Deadlines and How to File (2026)
§ 631GenerallyIn force
A divorce may be granted forthwith when either spouse has become permanently incapacitated due to a mental condition or psychiatric disability. A divorce shall not be granted under these provisions unless such person who is permanently incapacitated due to a mental condition or psychiatric disability shall have been duly and regularly confined in a psychiatric hospital, wherever located, for at least five years next preceding the commencement of the action for divorce, nor unless it shall appear to the court that such mental condition or psychiatric disability is permanent. No action shall be maintained under the provisions hereof unless the libelant is an actual resident of this State and shall have resided therein for two years next preceding the commencement of such action. (Amended 2013, No. 96 (Adj. Sess.), § 70.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
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Sources and References
- 15 V.S.A. 551 - Grounds for divorce(legislature.vermont.gov).gov
- 15 V.S.A. 592 - Residency requirements(legislature.vermont.gov).gov
- Vermont Judiciary - Family Division(vermontjudiciary.org).gov
- 15 V.S.A. 554 - Decrees nisi(legislature.vermont.gov)
- 15 V.S.A. 631 - Divorce for permanent incapacity due to a mental condition or psychiatric disability(legislature.vermont.gov)
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